Court : US Supreme Court
Peugh v. United States NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus PEUGH v. UNITED STATES certiorari to the united states court of appeals for the seventh circuit No. 1262.Argued February 26, 2013Decided June 10, 2013 Petitioner Peugh was convicted of five counts of bank fraud for conduct that occurred in 1999 and 2000. At sentencing, he argued that the Ex Post Facto Clause required that he be sentenced under the 1998 version of the Federal Sentencing Guidelines in effect at the time of his offenses rather than under the 2009 version in effect at the time of sentencing. Under the 1998 Guidelines, Peughs sentencing range ...
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Brown v. Allen - 344 U.S. 443 (1953) U.S. Supreme Court Brown v. Allen, 344 U.S. 443 (1953) Brown v. Allen No. 32 Argued April 29, 1952 Reargued October 13, 1952 Decided February 9, 1953 * 344 U.S. 443 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus 1. Where, on direct review of his conviction, a state prisoner's claim of federal constitutional right has been decided adversely to him by the state supreme court and an application to this Court for certiorari has been denied, he has satisfied the requirement of 28 U.S.C. 2254 that state remedies be exhausted before a federal court may grant an application for habeas corpus. Pp. 344 U. S. 446 -450. (a) It is not necessary in such circumstances that he pursue in the state courts a collateral remedy based on the same evidence and issues. Pp. 344 U. S. 447 -450. (b) Section 2254 is not to be construed as requiring repetitious applications to state courts for relief. P. 344 U. S. 448 , n...
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McCleskey v. Kemp - 481 U.S. 279 (1987) U.S. Supreme Court McCleskey v. Kemp, 481 U.S. 279 (1987) McCleskey v. Kemp No. 84-6811 Argued October 15, 1986 Decided April 22, 1987 481 U.S. 279 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT Syllabus In 1978, petitioner, a black man, was convicted in a Georgia trial court of armed robbery and murder, arising from the killing of a white police officer during the robbery of a store. Pursuant to Georgia statutes, the jury at the penalty hearing considered the mitigating and aggravating circumstances of petitioner's conduct, and recommended the death penalty on the murder charge. The trial court followed the recommendation, and the Georgia Supreme Court affirmed. After unsuccessfully seeking postconviction relief in state courts, petitioner sought habeas corpus relief in Federal District Court. His petition included a claim that the Georgia capital sentencing process was administered in a racially discrimina...
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United States v. Lopez - 514 U.S. 549 (1995) OCTOBER TERM, 1994 Syllabus UNITED STATES v. LOPEZ CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 93-1260. Argued November 8, 1994-Decided April 26, 1995 Mter respondent, then a 12th-grade student, carried a concealed handgun into his high school, he was charged with violating the Gun-Free School Zones Act of 1990, which forbids "any individual knowingly to possess a firearm at a place that [he] knows ... is a school zone," 18 U. S. C. 922(q)(I)(A). The District Court denied his motion to dismiss the indictment, concluding that 922(q) is a constitutional exercise of Congress' power to regulate activities in and affecting commerce. In reversing, the Court of Appeals held that, in light of what it characterized as insufficient congressional findings and legislative history, 922(q) is invalid as beyond Congress' power under the Commerce Clause. Held: The Act exceeds Congress' Commerce Clause authority. ...
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Brown, et al. v. Entertainment Merchants Assn. et al. SYLLABUS OCTOBER TERM, 2010 BROWN V. ENTERTAINMENT MERCHANTS ASSN. SUPREME COURT OF THE UNITED STATES BROWN, GOVERNOR OF CALIFORNIA, etal. v .ENTERTAINMENT MERCHANTS ASSOCIATION etal. certiorari to the united states court of appeals for the ninth circuit No. 081448.Argued November 2, 2010Decided June 27, 2011 Respondents, representing the video-game and software industries, filed a preenforcement challenge to a California law that restricts the sale or rental of violent video games to minors. The Federal District Court concluded that the Act violated the First Amendment and permanently enjoined its enforcement. The Ninth Circuit affirmed. Held: The Act does not comport with the First Amendment. Pp.218. (a)Video games qualify for First Amendment protection. Like protected books, plays, and movies, they communicate ideas through familiar literary devices and features distinctive to the medium. And the basic principles of...
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Minneci v. Pollard NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus MINNECI etal. v. POLLARD etal. certiorari to the united states court of appeals for the ninth circuit No. 101104.Argued November 1, 2011Decided January 10, 2012 Respondent Pollard sought damages from employees at a privately run federal prison in California, claiming that they had deprived him of adequate medical care in violation of the Eighth Amendments prohibition against cruel and unusual punishment. The Federal District Court dismissed the complaint, ruling that the Eighth Amendment does not imply an action under Bivens v. Six Unknown Fed. Narcotics Ag...
Tag this Judgment!Court : UK Supreme Court
LORD PHILLIPS, DELIVERING THE JUDGMENT OF THE COURT Introduction 1. Imprisonment for public protection ("IPP") is a sentence which condemns a defendant to indeterminate detention. Section 225(3) of the Criminal Justice Act 2003 ("the 2003 Act"), as substituted by section 13(1) of the Criminal Justice and Immigration Act 2008, permits a judge to impose a sentence of IPP on a defendant who has been convicted of a serious offence where the judge finds that there is a significant risk that he will commit further offences that will cause serious harm to members of the public. Can or should a judge impose a sentence of IPP on a defendant who is already serving a sentence of life imprisonment under which he will not be released from prison until he can satisfy the Parole Board that he no longer poses a danger to the public? Although this question has been certified by the Court of Appeal as being a point of general public importance, its significance lies in the issue of law, rather than th...
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LORD HOPE The Palmers Wood Oil Field is a naturally occurring reservoir of petroleum and petroleum gas, the north eastern part of which extends beneath the Oxted Estate of which the appellant Bocardo ("Bocardo") is the freehold owner. The rest of the Oil Field lies under land in different ownerships. Petroleum cannot be recovered from an underground reservoir without carrying out works of some kind below the surface of the land. An oil company such as the first respondent, Star Energy Weald Basin Ltd, which has a licence under section 2 of the Petroleum (Production) Act 1934 (now repealed and replaced by section 3 of the Petroleum Act 1998, Schedule 3, para 4 of which preserves pre-existing licences) to search, bore for and get petroleum will have to sink wells into the substratum by means of drilling in order to recover it. It may have to do this by means of wells that are drilled diagonally rather than vertically from the well head. A particular feature of this case is that the apex...
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Connecticut v. Teal - 457 U.S. 440 (1982) U.S. Supreme Court Connecticut v. Teal, 457 U.S. 440 (1982) Connecticut v. Teal No. 80-2147 Argued March 29, 1982 Decided June 21, 1982 457 U.S. 440 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Respondent black employees of a Connecticut state agency were promoted provisionally to supervisors. To attain permanent status as supervisors, they had to participate in a selection process that required, as a first step, a passing score on a written examination. Subsequently, an examination was given to 48 black and 259 white candidates. Fifty-four percent of the black candidates passed, this being approximately 68 percent of the passing rate for the white candidates. Respondent black employees failed the examination, and were thus excluded from further consideration for permanent supervisory positions. They then brought an action in Federal District Court against petitioners (the State of Connecticut and...
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Crawford v. Marion County Election Bd. - 07-21 (2008) SYLLABUS OCTOBER TERM, 2007 CRAWFORD V. MARION COUNTY ELECTION BD. SUPREME COURT OF THE UNITED STATES CRAWFORD etal. v . MARION COUNTY ELECTION BOARD etal. certiorari to the united states court of appeals for the seventh circuit No. 0721.Argued January 9, 2008Decided April 28, 2008* After Indiana enacted an election law (SEA 483) requiring citizens voting in person to present government-issued photo identification, petitioners filed separate suits challenging the laws constitutionality. Following discovery, the District Court granted respondents summary judgment, finding the evidence in the record insufficient to support a facial attack on the statutes validity. In affirming, the Seventh Circuit declined to judge the law by the strict standard set for poll taxes in Harper v. Virginia Bd. of Elections , 383 U. S. 663 , finding the burden on voters offset by the benefit of reducing the risk of fraud. Held: The judgm...
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